B.R.Hema Caroline (Minor) v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2015
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16116 of 2015 and M.P.No.1 of 2015 B.R.Hema Caroline (Minor) Rep. By her father A.Belavendira Rayar ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. By the Secretary to the Government, Department of School Education, Secretariat, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Director, Directorate of Government School Examination, College Road, Chennai - 600 006.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue writ of mandamus to direct the respondents to refer the paper 009 Bio Zoology (Eng) bearing Registration No.660963, forthwith to an expert committee for an independent re-valuation of the question/answer Nos.34 & 37 in the paper 009 Bio Zoology (Eng), without taking recourse to the answer keys.
For Petitioner :Mr.R.Singaravelan for Ms.M.Srividhya For Respondents:Mr.R.Vijayakumar, AGP
ORDER
Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the respondents. With the consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
2. It is the contention of the learned counsel for the petitioner that the petitioner's daughter has answered all the questions including question Nos.34 and 37, but, she was awarded only
8 marks out of 10 for the question No.34 and 9 marks out of 10 for the question No.37, although she did extremely well. Therefore, the petitioner submitted an application with a delay of four days on 04.06.2015 seeking for revaluation of question Nos.34 and 37, since the last date for applying revaluation was on 01.06.2015.
3. It is at this point of time, learned Additional Government Pleader appearing for the respondents, by placing on record the proceedings dated 10.06.2015 of the Director of Government Examinations, Chennai, submitted that the petitioner's daughter has miserably failed to make use of the benefit available to her for revaluation of question Nos.34 and 37, as the time given for the said revaluation from 28.05.2015 to 01.06.2015 got lapsed, for, she did not apply for the same during the said period. However, if she approaches the department for revaluation, the department will consider the same as per the existing rules.
4. Recording the above said statement of the learned Additional Government Pleader, this Court, without going into the merits of the matter, directs the petitioner to produce a copy of the application dated 04.06.2015 along with the order passed by this Court. On receipt of such details, third respondent / the Director, Directorate of Government School Examination, Chennai, is directed to consider the same and pass appropriate orders on merits and in accordance with law. With this direction, the writ petition stands disposed of. No Costs. M.P.No.1 of 2015 is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The Secretary to the Government, Department of School Education, Secretariat, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Director, Directorate of Government School Examination, College Road, Chennai - 600 006.
+1 cc to M/s.M.Srividya, Advocate,SR.29743 +1 cc to government pleader,SR.29834.
Kgk(co) krd 18/6 W.P.No.16116 of 2015 and M.P.No.1 of 2015